Issue: Must a
Judicial Official sua sponte recuse from presiding
in a family case on the basis that a party to the
case has testified before the legislature in
opposition to the Judicial Official’s reappointment?

Response: Based upon the information provided, the
Committee unanimously determined that a Judicial
Official is not automatically disqualified from a
case merely because a party to the proceeding has
testified against a Judicial Official at his/her
legislative reappointment hearing. The Committee
determined that the following Canons are applicable:
Canon 2(a) (requiring a judge to act at all times in
a manner that promotes public confidence in the
integrity and impartiality of the judiciary) and
Canon 3(c)(1)(A) (requiring a judge to disqualify
him/herself in a proceeding in which the judge’s
impartiality might reasonably be questioned,
including instances where a judge has a personal
bias or prejudice concerning a party). Pursuant to
Canon 3(c)(1)(A), the Judicial Official should
consider, in light of all the circumstances, whether
he/she harbors an actual bias against the party. If
so, the Judicial Official must disqualify
him/herself from the case. If the Judicial
Official determines that he/she is not actually
biased, the Judicial Official should consider,
pursuant to Canon 3(c)(1), whether to recuse on the
ground that the Judicial Official’s impartiality
might reasonably be questioned. In the Committee’s
view, the fact that a party to a case before a judge
has testified before the legislature to oppose a
judge’s reappointment does not automatically mean
that the judge will harbor actual bias or that
his/her impartiality might reasonably be questioned.
Cf. Canon 3(c)(3) (stating that “[a] judge is not
automatically disqualified from sitting on a
proceeding because a lawyer or party to the
proceeding has filed a lawsuit against the judge or
filed a complaint against the judge with the
judicial review council”). Instead, the Judicial
Official should consider the issue of sua sponte
recusal in light of all the facts and circumstances
of the case and the party’s actions. Finally, if the
Judicial Official continues on the case and a motion
to disqualify the Judicial Official is filed by a
party, the Judicial Official should undertake the
appropriate steps to determine the disqualification
issue as presented.